Arnold & Porter Kaye Scholer's Chemicals Regulation & Defense team represents a broad spectrum of businesses around the globe that manufacture, process, distribute, and use chemical substances, pesticides, biochemicals, and antimicrobial products, including nanoscale materials and genetically modified materials. We draw upon the skills and insights of attorneys who formerly held senior leadership positions in the US EPA and other regulatory agencies. Many of our attorneys also hold degrees in chemistry, chemical engineering, computer science, medicine, and other technical disciplines, and we have well-established working relationships with the top experts around the world in key scientific disciplines.
Our Chemicals team is well known for our strong record of counseling clients on national and international regulatory compliance and defending their interests in enforcement proceedings under virtually every major statute including:
- Toxic Substances Control Act (TSCA);
- Federal Insecticide, Fungicide and Rodenticide Act (FIFRA);
- Emergency Planning and Community Right-to-Know Act (EPCRA);
- Food, Drug and Cosmetic Act;
- Occupational Health & Safety Act (OSHA);
- Clean Air Act;
- Clean Water Act; and
We also regularly advise on state and local regulatory programs, which includes our renowned California Proposition 65 practice, as well as considerable experience with California's "Green Chemistry" program. Our Chemicals team brings extensive experience commenting on proposed rulemakings; securing regulatory interpretations, challenging agency rules in court, intervening to defend agency rules against legal challenges brought by adverse parties, responding to citizen suits, and handling other chemicals-related litigation.
Represented client in EPA’s efforts to cancel Reckitt’s popular d-Con rodenticides and in challenging the California Department of Pesticide Regulation’s effort to restrict consumer uses of the products in California
Advises concerning current and potential future standards regarding the development of nano-scale materials that are subject to TSCA and FIFRA.
Negotiated with EPA the first-ever "advance" agreement with EPA to perform an internal TSCA Audit covering multiple facilities and all core facets of TSCA compliance, including stipulated penalties and penalty caps.
Provided counsel concerning TSCA test rule developments, obligations and negotiations of enforceable testing agreements.
Established global system for crop pesticide residue level requirements.